Amreshwar Pratap Sahi, J. - (1.) THE Petitioner Committee which manages a Madarsa through Aash Mohammad claiming himself to be the Manager has questioned the communication dated 18.1.2011 issued by the Respondent No. 2 the Deputy Registrar, Firms Societies and Chits on the ground that it erroneously justifies that there is no dispute with regard to the office bearers of the Society except the post of President, and that there are no objections relating thereto.
(2.) SRI Sudhir Dixit who has put in appearance on behalf of the Respondent No. 5 and the learned Standing Counsel for the rest of the Respondents submit that they do not propose to file any counter affidavit to the writ petition and therefore the matter may be disposed of finally at this stage on the submissions raised by the learned Counsel for the parties. The dispute relates to the continuance of office bearers of a Society registered under the Societies Registration Act, 1860. One Jalaluddin was the President of the Society who died on 11.3.2010. Upon his death the contesting parties raised objections that gained different dimensions. The first objection was in relation to the successor on the post of President upon the death of Jalaluddin. The second objection was in relation to the termination of the membership of the Respondent No. 5 by the rival parties and the third dimension was with regard to reconstitution of the Committee as set up by Mohd. Ali and the Petitioner Aash Mohammad claiming himself to be an elected as the Secretary. This multi dimension dispute relating to membership and the office bearers of the Society was noticed by the Deputy Registrar and he proceeded to make an attempt to resolve the controversy by issuing a communication dated 30.9.2010 upon noticing the same.
(3.) THE Assistant Registrar passed an order dated 30.11.2010 against the Respondent No. 5 holding that the proceedings set up by him were not acceptable which came to be challenged by the said Respondent in Writ Petition No. 73885 of 2010. The writ petition was contested by the present Petitioner where after the parties agreed for decision of the matter by directing the Prescribed Authority under Sub -Section 1 of Section 25 of the Societies Registration Act to enter into upon the dispute and decide the same. Accordingly the order dated 30.11.10 was quashed and the Prescribed Authority was directed to decide the entire dispute vide order dated 21.12.2010.;